Peter Robinson - The Tribunal

“What about this?” Kevin pointed to the report that mentioned the list of Black Dragons. “Can you tell me where can I get a list of the members of the Black Dragons?”

Evans studied the report. “I don’t know where you got these reports,” he said, shaking his head, “but I’m sure as hell not going to help you get more.”

Evans stood up. “I’m afraid that I’ve got another meeting. It was nice meeting you,” he said, extending his hand mechanically. “Don’t come back.”

Kevin extended his hand, as well. In it was a subpoena.

“This is a subpoena for you to testify at Draga’s trial, Mr. Evans. You have now officially been served. I had hoped that there was some other way you would help, but if not, this is what I have to do.”

Evans’ face reddened. “You’re a dead man, Mr. Anderson.”

Kevin’s heartbeat quickened.

He followed Evans out the door into the lobby.

“Oh, Mr. Evans,” Kevin took the tape recorder out of his pocket and held it up. “I’d be more careful about what I say in the future. Copies of your reports are already in the hands of someone I trust in the national news media. If anything happens to me, your picture will be on the cover of Time magazine.”

Evans stormed toward his office as Kevin rejoined his two bodyguards. That last bit about the tape and the news media had been Bud’s idea for keeping Kevin alive. The bodyguards were to get Kevin and his tape safely out of the hotel.

“Let’s go, guys,” said Kevin. “I think I hit a sensitive nerve.”

The Lincoln pulled away from the Hilton with Kevin safely in the back seat, on his way to the airport. His heart was still beating rapidly from the excitement. He rewound the tape and played it.

To his relief, it had recorded perfectly, even the “you’re-a-dead-man” part.

By the time he returned to Holland, Kevin was seeing his client in a new light. Whatever his combination of motives, Draga had been helping the good guys.

His first morning back, Kevin headed for the prison. When he got into the interview room, Draga looked happy to see him, then disappointed. “What, no food?”

“It’s still breakfast time. The pizza places aren’t open yet.”

“I haven’t had a good pannekoeken in months. You’re letting me down.”

Kevin pulled out the football results for the past three weeks. “I’ve got some more bad news for you. You owe me 40 more Euros. The Raiders lost two in a row.”

Draga smiled. “The playoffs are coming.”

Kevin shook his head. “Pretty soon you’ll be saying ‘Wait till next year!’”

“I’ve got this all figured out. You’re doomed.”

“I really need to talk to you about something important,” Kevin said. He took out William Evans’ reports and put them in front of Draga. “I want you to take a few minutes to look at these.”

Draga looked down at the papers. He was silent. He began reading the first report, then flipped through the others. “What are these?” The bravado was gone from his voice.

“I think you know. These are reports of an American CIA agent named William Evans, who acknowledged to me that he was your handler.”

Draga was silent – an admission to Kevin that the reports were true.

“I had a meeting with Evans when I was back in the United States. I’d like you to listen to our conversation.”’

Kevin took out the recorder, put the tape inside, and pushed the play button.

When the short tape finished, Kevin looked squarely into Draga’s eyes. “I haven’t asked you to trust me before, but I need you to trust me now. This information can make a huge difference at your trial. The war crimes law makes a commander liable for the actions of his men only where he did not try to prevent the crimes from occurring. You’re not guilty of anything if you in fact tried to alert the CIA in advance. I don’t know what your plan is, but if you think that the CIA is somehow quietly going to get you out of all this – after you’re convicted – I think you are making a big mistake.”

“The Tribunal is not going to let me go no matter what proof we have,” Draga said finally. “All this will do is get me and my family killed.”

Kevin took a deep breath. A crack in Draga’s wall had emerged. “I’m not going to use this information without your approval. I promise you that. But if we don’t use it at your trial, you’ll probably spend the rest of your life in prison.”

Draga looked pained. “They have taken care of me before. I have no choice but to trust them now.”

“Do you have any promises from them in writing?”

“Of course not.”

“What is their promise?”

Draga hesitated. “Someone from the CIA came here to see me shortly after I was arrested.”

“Name?”

“Pete Barnes. He said after I’m found guilty, I’m to be transferred to the U.S. to serve my sentence. One day, they announce I’ve been killed in prison. They take me out of there and relocate me and my family somewhere else.”

Kevin thought that over. “What if they don’t keep their word? Or what if they can’t put all that in motion? What then?”

“I have to trust them. I have no other choice.”

“Yes, you do have a choice. You can help me win your acquittal.”

Draga looked at Kevin as if seeing him for the first time.

“In my twenty years in federal law enforcement,” Kevin went on, “I’ve never seen the CIA spring anyone from a prison in the United States.”

Draga exhaled. “What do you suggest?”

“My first instinct is to run into court with this and tell everyone you’re innocent.”

“That’ll get me killed for sure.”

“What do you suggest?”

“Maybe we can use these reports, and this tape, as a bargaining chip to get me some kind of written guarantee that I will be cut loose.”

“The CIA won’t sign something like that. They know a copy will end up at the Washington Post. No, I think we should bring this out in court, maybe in a closed session. It would be a huge embarrassment to the U.S. government if it is revealed that they had advance knowledge of attacks in Bosnia and did nothing to prevent them.”

“You’re still really naive, Kevin. I don’t trust these people at the Tribunal. They’ll cover it up. I’d rather try to get something in writing from the CIA, and be found guilty.”

“But you’re not guilty. It’s not right for you to be convicted for something you are not responsible for.”

“What are our chances of winning the trial with the CIA information?”

“Truthfully, I don’t know” Kevin replied. “The judges are expected to find you guilty. That’s the norm in the Tribunal, and you’re one of their biggest prizes. But if the truth came out, I’d like to think they would do the right thing.”

“What are our chances of winning the trial without it?”

“Right now, close to zero. Those odds might improve if I can get my hands on the roster of Black Dragons.”

Kevin and Draga’s eyes locked. Kevin wondered if his ego was getting in the way. He wanted to win. “We need to really think this through,” Kevin said. “I promise I won’t use this without your permission. I don’t want you worrying about that.”

“I trust you, Kevin.”

Kevin glowed when he heard Draga say those words. “How about helping me get the roster of the real Black Dragons for starters?”

Draga was silent for a minute. “Wait here.” He waved to the camera, signaling for the guards. Kevin got up as well. When the guard came, Draga said, “I need to get some legal materials from my room for my lawyer.”

Kevin was pleased. He hoped Draga wasn’t going to get the sports section.